| Citation(s) |
|---|
| 2023 SLG 404 2023 SLD 404 2023 PLC 205 |
Islamabad High Court
Writ Petition No.4202 of 2018, decided on 7th March, 2019*. Date of hearing: 1st March, 2019.
MIANGUL HASSAN AURANGZEB, J
Ms. Zainab Samantash for Petitioner. For
Respondents: Rehan-ud-Din Khan Golra for H.D.I.P. for
Respondent. Muhammad Nadeem Khan Khakwani, Assistant Attorney-General. Ahmed Ali, Law Officer, H.D.I.P. Maqsood Ahmed, Deputy Secretary, Ministry of Petrol
Writ Petition No.4202 of 2018, decided on 7th March, 2019*. Date of hearing: 1st March, 2019.
MIANGUL HASSAN AURANGZEB, J
Ms. Zainab Samantash for Petitioner. For
Respondents: Rehan-ud-Din Khan Golra for H.D.I.P. for
Respondent. Muhammad Nadeem Khan Khakwani, Assistant Attorney-General. Ahmed Ali, Law Officer, H.D.I.P. Maqsood Ahmed, Deputy Secretary, Ministry of Petrol
MUHAMMAD SHAFEEQ
VERSUS
FEDERATION OF PAKISTAN, through Secretary, Ministry of Petroleum and Natural Resources and 5 others
Law: Hydrocarbon Development Institute of Pakistan Act, 2006
Section: 8
Law: Constitution of Pakistan, 1973
Section: 199
Hydrocarbon Development Institute of Pakistan Act (I of 2006)--- ----S.8---Constitution of Pakistan, Art. 199---Constitutional petition---Substitution of findings---Director General, appointment and salary package---Selection criteria---Petitioner assailed appointment of respondent as Director General of Hydrocarbon Development Institute of Pakistan and claimed himself to be a better candidate---Petitioner also assailed that salary package given to respondent was exorbitant and not approved by Federal Government---Validity---High Court in exercise of its powers of judicial review could not substitute its findings with those of a tribunal or a selection authority that had carried out a comparative analysis of credentials of candidates for appointment against an advertised post---Petitioner and respondent were not even in close contest---Evaluation committee awarded more marks to respondent who was on top in merit list, whereas petitioner was awarded less marks and was low in the merit list---Petitioner was not among the three candidates who had fared the best out of the contestants---Claim of petitioner that he was the most suitable candidate for the post of Director General was not tenable---Salary package for respondent determined by Board of Governors of Hydrocarbon Institute of Pakistan was to be subject to approval of Federal Government in terms of S.8(1) of Hydrocarbon Development Institute of Pakistan Act, 2006---High Court directed that if Federal Government would not approve salary package determined by Board of Directors or was less beneficial for respondent, the salary and other privileges already drawn by him should be accordingly adjusted---Constitutional petition was disposed of accordingly. PLD 2018 SC 114; 2008 SCMR 960; 2005 SCMR 1829; 2018 CLC 1910; 2017 PLC (C.S.) 1327; 2015 PLC (C.S.) 793; 2014 PLC (C.S.) 853; 2014 CLC 639 and PLD 2011 Pesh. 164 ref. Usmat Batool v. Bahauddin Zakariya University, Multan 2013 PLC (C.S.) 484; Muhammad Yasin v. Federation of Pakistan PLD 2012 SC 132; Dr. Farzana Bari v. Ministry of Law, Justice and Human Rights PLD 2018 Isl. 127; Sardar Husssain v. Mst. Parveen Umer PLD 2004 SC 357; General Manager, Pearl…
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